TERMS AND CONDITIONS

This Agreement was last revised on January 27th, 2020.

Contents

TERMS AND CONDITIONS

I.     INTRODUCTION

II.     DEFINITIONS

III. INTERPRETATION

IV. INTRODUCTION AND SCOPE

V.     SERVICES

VI. MODIFICATIONS TO THE SERVICE

VII. USER CONTENT

IX. PAYMENT AND REFUND

X.     GEOGRAPHIC RESTRICTION

XI. USER RESPONSIBILITIES

XII. GENERAL CONDITIONS

XIII. ONLINE COURSE GUIDELINES

XIV. RELEASE

XV. CONFIDENTIALITY

XVI. NO ADVISORY

XVII. FEEDBACK POLICY

XVIII.   EXCLUSION OF LIABILITY

XIX. NO RESPONSIBILITY

XX. THIRD-PARTY LINKS

XXI. PERSONAL INFORMATION AND PRIVACY POLICY

XXII. ERRORS, INACCURACIES, AND OMISSIONS

XXIII. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

XXIV. COPYRIGHT AND TRADEMARK

XXV.     INDEMNIFICATION

XXVI. MISCELLANEOUS

 

  1. INTRODUCTION

www.thrivingwithdiabetes.com (“Website”) welcomes you.  

We offer you access to our services through our “website” (defined below) subject to the following Terms of this agreement, which may be updated by us from time to time with or without notice to you.  By accessing and using this Website, you acknowledge that you have read, understood and agree to be lawfully bound by these Terms and Conditions and our Privacy Policy, which are hereby incorporated by reference (collectively, this “Agreement”). In case you do not agree with any of these Terms, then please do not use the Website. 
  1. DEFINITIONS

  • “Agreement” refers to this Terms and Conditions and the Privacy Policy and other documents provided to you by the Website; 

  •  “Service” or “Services” refers any service shown below, which we may offer from our Website. 

  •  “User”, “You” and “your” refers to the person who is accessing the website for taking or availing any course or service from us.

  • “Member” shall mean the user who makes the payment for the services offered by us through our website;

  •  “We”, “us”, “our” are references to Thriving with Diabetes;

  • ”Website” shall mean and include "www.thrivingwithdiabetes.com, and any successor Website or any of its affiliates;

  • “Member Account” shall mean an electronic account opened for the member for availing of various services offered on the website. 

  1. INTERPRETATION

  • All references to the singular include the plural and vice versa and the word "includes" should be construed as "without limitation".

  • Words used herein regardless of the number and gender specifically used shall be deemed and construed to include any other number, singular or plural, and any other gender, masculine, feminine, or neuter, as the context requires.

  • Reference to any statute, ordinance or other law includes all regulations and other instruments and all consolidations, amendments, re-enactments or replacements for the time being in force.

  • All headings, bold typing, and italics (if any) have been inserted for convenience of reference only and do not define limit or affect the meaning or interpretation of the terms of this Agreement.

  1. INTRODUCTION AND SCOPE

  • Scope. These Terms govern your use of the Website and the Services. Except as otherwise specified, these Terms do not apply to Third-Party Products or Services, which are governed by their own terms of service.

 

  • Eligibility: Certain Service of the Website is not available to minors under the age of 18 or to any users suspended or removed from the system by us for any reason. 

 

  • Electronic Communication: When you use this Website or send e-mails and other electronic communications from your desktop or mobile device to us, you are communicating with us electronically. By sending, you agree to receive a reply communications from us electronically in the same format and you can keep copies of these communications for your records.

  1. SERVICES

At www.thrivingwithdiabetes.com, we offer you a meticulously designed website providing one on one coaching in health and wellness to type 1 diabetics around the world.

We also provide downloadable e-products and online programs/ learning courses for our users. 

  1. MODIFICATIONS TO THE SERVICE 

We reserve the right, in our discretion, to change, modify, add to, or remove portions of the Terms (collectively, “Changes”), at any time. We may notify you of changes by sending an email to the address identified in your Account or by posting a revised version of the Terms incorporating the Changes to its website. Your continued use of the Site following the posting of changes will mean that you accept and agree to the Changes.

  1. USER CONTENT 

  1. Content Responsibility. 

The website permits you to share content, post comments, feedback, etc. (“content”) but you are solely responsible for the content posted by you. You represent that you have required permission to use the content.

When posting content to the website, please do not post content that:

  • contains ill-mannered, profane, abusive, racist or hateful language or expressions, text, photographs or illustrations that are pornographic or in poor taste, inflammatory attacks of a personal, racial or religious nature;

  • is defamatory, threatening, disparaging, grossly inflammatory, false, misleading, fraudulent, inaccurate, unfair, contains gross exaggeration or unsubstantiated claims;

  • violates the privacy rights of any third party, is unreasonably harmful or offensive to any individual or community;

  • discriminates on the grounds of race, religion, national origin, gender, age, marital status, sexual orientation or disability, or refers to such matters in any manner prohibited by law;

  • violates or inappropriately encourages the violation of any municipal, state, federal or international law, rule, regulation or ordinance;

  • transmits viruses or other harmful, disruptive or destructive files ;

  • sends repeated messages related to another user and/or makes derogatory or offensive comments about another individual or repeats prior posting of the same message under multiple emails or subjects;

  • Information or data which are unlawfully obtained.

Any submitted content will be refused by us. If repeated violations occur, we reserve the right to cancel user access to the website without advanced notice.

  1. BOOKING SESSION 

The website provides an meeting form for taking online coaching/consulting  offered in the website. 

On booking a consultation you are given contact information of the Consultant. After which your invoice is verified and appointment is scheduled. You may choose to have consultations over video calls, phone calls, emails or texts. Its entirely up to you.

The user can book our consulting services and send their information to book a session. 

OTHER TERMS

By Completing a booking, you agree to receive email  notifications for each for the following reservation statuses: Pending, Approved, Rejected, Canceled, and rescheduled.   

You agree to have the information you entered through booking forms on thrivingwithdiabetes.combe transmitted to relevant employees and associates of thrivingwithdiabetes.com.

  1. PAYMENT AND REFUND

  • All the payment for any service available on the website shall be governed by our terms and conditions.

  • For purchasing any service or course available on the website, the User shall be required to fill out a order form for making order of the service or course. 

  • While providing your details you must be careful and warrant that the details provided are true and accurate. 

  • Payment mode shall be: 

    • PayPal

    • Stripe

  • You must notify us instantly if any particulars are inappropriate. If your payment has not been accepted you will be informed of this in writing along with the reasons

  • We are happy to support you if there is any issue you can contact our back-office team for any inquiry or problem.

  • We take customer feedback very seriously and use it to constantly improve our quality of service.

 

  1. DELIVERY OF DIGITAL PRODUCTS

All products, files and documents are delivered electronically via e-mail as download links. No tangible/physical copies will be delivered via postal mail for non-exclusive rights licenses. Please check your spam and junk folders if you don’t find our e-mails in your inbox. Make sure you don’t block pop-up windows in your browser or links in your email provider/software. If links are not clickable, copy and paste the link(s) in the address bar of your browser. If you experience any issues with download links, please try a different browser or computer/device. Most mobile phones and devices are not capable of downloading and saving files, in order to download the files/documents properly, please use a desktop computer such as a PC, Mac, Laptop or Macbook.

 

GEOGRAPHIC RESTRICTION

We reserve the right, to limit the usage or supply of any service to any person, geographic region, or jurisdiction. We may use this right as per the necessity. We reserve the right to suspend any Service at any time. Any offer to provide any Service made on this Website is invalid where banned.

USER RESPONSIBILITIES

  • You shall use the Service and Website for a lawful purpose and comply with all the applicable laws while using the Website;

  • You shall not upload or post any content on the website and our social media that:

    • Defamatory, infringes any trademark, copyright, or any proprietary rights of any person or affect any one’s privacy, contain violence or hate speech, including any sensitive information about any person. 

  • You shall not use or access the Website for collecting any market research for some competing business;

  • You shall not misrepresent or impersonate any person or entity for any false or illegal purpose;

  • You will not use any device, scraper, or any automated thing to access the Website for any purpose without taking permission from us. 

  • You will inform us about anything that is inappropriate or  you can inform us if you find something illegal on the website; 

  • You will not interfere with or try to interrupt the proper operation of the Website through the use of any virus, or access or try to gain access to any data, files, or passwords connected to the Website through hacking, password or data mining, or any other means;

  • You will let us know about the unsuitable content of which you become aware.  If you discover something that infringes any law, please let us know, and we’ll review it.

We reserve the right, in our sole and absolute discretion, to deny you access to the Website or any service, or any portion of the Website or service, without notice, and to remove any content.

GENERAL CONDITIONS

  • We do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us.

  • We make material changes to these terms and conditions from time to time, we may notify you either by prominently posting a notice of such changes or via email communication.

  • The website is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they apply to the Service.

 

ONLINE COURSE GUIDELINES

  • For a better course experience, please watch on a laptop or desktop device and use headphones.

  • Questions related to the  course should be asked in that particular question box only.

  • Answers to the questions will be provided only through the particular course question box.

  • Should not misuse the videos or upload the videos or content on any other platform. This may lead to legal action.

 

RELEASE

You release us and our successors from all losses, damages, rights, and demands and actions of any kind, including personal injuries, death, and property damage, that are directly or indirectly related to or arising from your use of the Services (collectively, “Claims”). 

CONFIDENTIALITY

Any materials provided by the Client/Customer in the course of using our service shall be kept confidential by us as against third parties, unless the disclosure is required under the process of law or unless the disclosure is to our’s financial auditors or governing regulatory bodies. Disclosing or using this information for any purpose beyond the scope of this Agreement.

NO ADVISORY

Please note that some of the content, text, data, graphics, images, information, suggestions, guidance, and other material (collectively, "Information") that may be available on the Website (including information provided in direct response to your questions or postings) may be for informational purpose only. In no event shall we be liable to you or anyone else for any decision made or action taken by you in reliance on such information. 

If you rely on any of the Information provided by the Site, you do so solely at your own risk.

FEEDBACK POLICY

We allow our users to provide us their feedback and testimonials.

You may provide us with ideas, opinions, testimonials, recommendations, feedback, or advice in connection with your use of the Services (collectively, "Feedback"). 

If you submit Feedback to us, you hereby grant us an irrevocable, perpetual, transferable, non-exclusive, fully-paid-up, royalty-free, worldwide license (sublicensable through multiple tiers) to: 

(a) use, copy, distribute, reproduce, modify, create derivative works of, adapt, publish, translate, publicly perform, and publicly display such Feedback (or any modification thereto), in whole or in part, in any format, medium or application now known or later developed; and 

(b) use, and permit others to use, Feedback in any manner and for any purpose (including, without limitation, commercial purposes) that we deems appropriate in its discretion (including, without limitation, incorporating Feedback, in whole or in part, into any technology, product or service).

 

EXCLUSION OF LIABILITY

Numerology is not magic. It is not a short-cut to success and no a substitute for hard work. All stock photos and video used in this website are for illustrative purpose only. None of the models depicted herein are endorsing our products/services. All trademarks and logos are properties of their respective owners. 

You understand and agree that we (a) do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us or any third parties; (b) shall not be responsible for any materials posted by us or any third party and (c) shall not be liable for the expectation or quality of the services offered or listed on the website. You shall use your own judgment, caution, and common sense in evaluating any prospective methods or offers and any information provided by us or any third party.

Further, we shall not be liable for direct, indirect consequential, or any other form of loss or damage that may be suffered by a user through the use of the www.thrivingwithdiabetes.com Website including loss of data or information or any kind of financial or physical loss or damage.

We shall not be responsible for any loss of data, property, stock while using our service. 

In no event shall Thriving with Diabetes, nor its Owner, directors, employees, partners, agents, suppliers, or affiliates, be accountable for any indirect, incidental, special, eventful or exemplary costs, including without limitation, loss of proceeds, figures, usage, goodwill, or other intangible losses, consequential from (i) your use or access of or failure to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content attained from the Service; and (iv) unlawful access, use or alteration of your transmissions or content, whether or not we've been aware of the possibility of such damage.

 

NO RESPONSIBILITY

We are not responsible to you for: 

  • any reliance that you may place on any material or commentary posted on our website. Please note that nothing contained in our website or the material published on it is intended to amount to advice on which you should rely; or

  • any losses you suffer because you cannot use our website at any time; or

  • any errors in or omissions from our website; or

  • any losses you may suffer by relying on any commentary, postings or reviews (of our services or that of our partners) on our website; or

  • any unauthorized access or loss of personal information that is beyond our control.

 

  1. THIRD-PARTY LINKS

The Website may comprise links to external or third-party Websites (“External Sites”).  These links are provided exclusively as ease to you and not as an authorization by us of the content on such External Sites.  The content of such External Sites is created and used by others.  You can communicate the site administrator of those External Sites.  We are not accountable for the content provided in the link of any External Sites and do not provide any representations about the content or correctness of the information on such External Sites.  You should take safety measure(s) when you are downloading files from all these Websites to safeguard your computer from viruses and other critical programs.  If you agree to access linked External Sites, you do so at your own risk.

PERSONAL INFORMATION AND PRIVACY POLICY

By accessing or using this Website, you approve us to use, store, or otherwise process your personal information as per our Privacy Policy.

ERRORS, INACCURACIES, AND OMISSIONS

Every effort has been taken to ensure that the information offered on this website is accurate and error-free. We apologize for any errors or omissions that may have occurred. We cannot give you any warranty that usage of the Website will be error-free or fit for purpose, timely, that defects will be amended, or that the site or the server that makes it available are free of viruses or bugs or signifies the full functionality, accuracy, reliability of the Website and we do not make any warranty whatsoever, whether express or implied, relating to fitness for purpose, or accuracy.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE, ITS SERVERS OR ITS CONTENT OR SERVICE ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

 

WE DISCLAIM ., ALL LICENSES OR WARRANTIES, INCLUDING, BUT NOT LIMITED TO, LICENSES OR WARRANTIES OF TITLE, MERCHANTABILITY, NON-VIOLATION OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A MATTER OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. IN RELATION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY UNINTENDED, INCIDENTAL, OR SUBSTANTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS STOPPAGE  RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE OR THE CONTENT, EVEN IF WE HAVE BEEN RECOMMENDED OF THE POSSIBILITY OF SUCH DAMAGES.

THE WEBSITE MAY COMPRISE TECHNICAL INCORRECTNESS OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT ACCOUNTABLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS RECORDED ON THE WEBSITE.  THE WEBSITE MAY CONTAIN INFORMATION ON CERTAIN SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION.  A REFERENCE TO A SERVICE ON THE WEBSITES DOES NOT SUGGEST THAT SUCH SERVICE IS OR WILL BE ACCESSIBLE IN YOUR LOCATION.  WE RESERVE THE RIGHT TO DO CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE AT ANY TIME WITHOUT NOTICE.

  1.  COPYRIGHT AND TRADEMARK

The Website contains material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of us (collectively referred to as the “Content”).  The Content may be possessed by us or third parties. Unauthorized use of the Content may infringe copyright, trademark, and other laws.  You have no right to use the content, and you will not take any Content except as allowed under this Agreement.  No other use is allowed without prior written consent from us.  You must recollect all copyright and other proprietary notices contained in the original Content on any copy you make of the Content.  You may not transfer, provide license or sub-license, sell, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.  The use or posting of the Content on any other Website or in a networked computer environment for any purpose is expressly prohibited.

If you infringe any part of this Agreement, your permission to access and/or use the Content and the Website automatically terminates and you must immediately destroy any copies you have made of the Content.

Our trademarks, service marks, and logos used and displayed on the Website are registered and unregistered trademarks or service marks of us.  Other product, and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with us, the “Trademarks”).  Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. None of the Content may be retransmitted without our express, written consent for every instance.

INDEMNIFICATION

You agree to defend, indemnify, and hold us and our officers, directors, employees, successors, licensees harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your misuse of the Content or the Website.  We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding.  We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section.  In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

MISCELLANEOUS

SEVERABILITY

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.

TERMINATION

Term. The Services will be provided to you can be canceled or terminated by us. We may terminate these Services at any time, with or without cause, upon written notice. We will have no liability to you or any third party because of such termination. Termination of these Terms will terminate all of your Services subscriptions.

Effect of Termination. Upon termination of these Terms for any reason, or cancellation or expiration of your Services: (a) We will cease providing the Services; (b) you will not be entitled to any refunds or usage fees, or any other fees, pro-rata or otherwise; (c) any fees you owe to us will immediately become due and payable in full, and (d) we may delete your archived data within 30 days. All sections of the Terms that expressly provide for survival, or by their nature should survive, will survive termination of the Terms, including, without limitation, indemnification, warranty disclaimers, and limitations of liability.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties hereto concerning the subject matter contained in this Agreement.

DISPUTE RESOLUTION 

If a dispute arises between you and website www.thrivingwithdiabetes.com, our goal is to resolve such dispute quickly and cost effectively. Accordingly, you and mobile application agree that we will resolve any claim or controversy at law or equity that arises between us out of this Agreement or the website and mobile application Services (a "Claim") in accordance with this section entitled "Dispute Resolution." Before resorting to these alternatives, you agree to first contact us directly to seek dispute assistance by going to Customer Service. 

ARBITRATION OPTION 

For any claim arising between you and www.thrivingwithdiabetes.com (excluding claims for injunctive or other equitable relief), the party requesting relief may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. A party electing arbitration must initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner will be chosen by the party initiating the arbitration; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) if an arbitrator renders an award the party receiving the award may enter any judgment on the award in any court of competent jurisdiction.

GOVERNING LAW AND JUDICIAL RECOURSE

The terms herein will be governed by and construed under the law of New Zealand without giving effect to any principles of conflicts of law. The courts of New Zealand shall have exclusive jurisdiction over any dispute arising from the use of the Website.

 FORCE MAJEURE

We will have no liability to you, your users, or any third party for any failure to perform our or its obligations under these Terms if such non-performance arises as a result of the occurrence of an event beyond the reasonable control of us, including, without limitation, an act of war or terrorism, natural disaster, failure of electricity supply, riot, civil disorder, or civil commotion or other force majeure event.

ASSIGNMENT

We shall have the right to assign/transfer this agreement to any third party including its holding, subsidiaries, affiliates, associates, and group companies, without any consent of the User.

CONTACT INFORMATION

If you have any questions about these Terms, please contact us at support@thrivingwithdiabetes.com.

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